Cited by
Opinions in Minnesota that cite State v. Obeta, 796 N.W.2d 282.
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- Theodore Pierre Jerry, petitioner, Appellant, Minn. Ct. App. 2019
- State v. Curtis 921 N.W.2d 342 Minn. 2018
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State v. Curtis
921 N.W.2d 342
Minn. 2018
See Williams v. State , , 740 (2018) (noting that questions of law, including the interpretation of rules of procedure and "[d]etermining which party has the burden of proof," are reviewed de novo); State v. Obeta , , 288 (Minn. 2011) ("The question of whether to overrule precedent is a legal one that is subject to de novo review."); State v. Lewis , , 537 (Minn. 2003) ("We review de novo the question whether and to what extent our precedent should be given retroactive effect.").
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Mark Kedrowski, Appellant,
Minn. Ct. App. 2018
702, “expert testimony is admissible if: (1) the witness is qualified as an expert; (2) the expert’s opinion has foundational reliability; (3) the expert testi mony is helpful to the jury; and (4) if the testimony involves a novel scientific theory, it must satisfy the Frye- Mack standard.” (citing Minn. R. Evid.
- State v. Atwood 914 N.W.2d 422 Minn. Ct. App. 2018
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State v. Atwood
914 N.W.2d 422
Minn. Ct. App. 2018
State v. Obeta , , 286 (Minn. 2011).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
9 Appellant argues that the Minnesota Supreme Court’s permit expert-opinion testimony “on typical characteristics of and behaviors of certain witnesses” as helpful to the jury.
- State of Minnesota, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
A witness may testify to nonscientific information, like the abuse-reporting tendencies discussed by the s tate’s witness here, if “(1) the witness is qualified as an expert; (2) the expert’s opinion has foundational reliability; [and] (3) the expert testimony is helpful.” (describing Minn. R. Evid.
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
Under rule 702, “expert testimony is admissible if: (1) the witness is qualified as an expert; (2) the expert’s opinion has foundational relia bility; (3) the expert testimony is helpful to the jury; and (4) if the testimony involves a novel scientific theory, it must satisfy the Frye- Mack standard.” State v. Obeta
- State of Minnesota, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“ [E]xpert testimony is admissible if: (1) the witness is qualifi ed as an expert; (2) the expert’ s opinion has foundational reliability; (3) the expert testimony is helpful to the jury; and (4) if the testimony involves a novel scientific theory, it must satisfy the Frye-Mack standard.” State v. Obeta , (citing Minn. R. Evid.
- State of Minnesota v. Joshua Williams Wermers Minn. Ct. App. 2016
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State of Minnesota v. Joshua Williams Wermers
Minn. Ct. App. 2016
702; (articulating this standard).
- State of Minnesota v. Tetyang Puok Juate-Yout Minn. Ct. App. 2016
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State of Minnesota v. Tetyang Puok Juate-Yout
Minn. Ct. App. 2016
estify regarding information that “will assist the trier of fact to understand the evidence or to determine a fact in issue.” Under rule 702, expert testimony regarding nonscientific information “is admissible if: (1) the witness is qualified as an expert; (2) the expert’s opinion has foundational reliability; [and] (3) the expert testimony is helpful to the [trier of fact].”
- State of Minnesota v. Blake Adam Schneider Minn. Ct. App. 2016
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State of Minnesota v. Blake Adam Schneider
Minn. Ct. App. 2016
(concluding “that expert testimony about counterintuitive behaviors of child- or adolescent-victims of sexual assault could aid jurors in their fact-finding”); (“[I]n cases where a sexual assault victim is an adolescent, [general] expert testimony as
- State of Minnesota v. Jose Antonio Diaz-Arreguin Minn. Ct. App. 2016
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State of Minnesota v. Jose Antonio Diaz-Arreguin
Minn. Ct. App. 2016
when the State seeks to rehabilitate the credibility of a battered woman in the prosecution of her batterer,” id., by “educat[ing] jurors about battered woman syndrome (BWS) and counterintuitive behaviors commonly associated with BWS,” d 282, 291 (Minn. 2011).
- State of Minnesota v. Benjamin Danton Newman Minn. Ct. App. 2016
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State of Minnesota v. Benjamin Danton Newman
Minn. Ct. App. 2016
(“It is within the trial court’s discretion to admit expert testimony concerning the behavioral characteristics typically displayed by adolescent sexual assault victims.”); (“It is within trial court’s discretion to admit expert testimony concerning the reporting practices of adolescent victims of sexual assault.”); ( holding that, when defendant argues sexual conduct was consensual, “the district court has discretion to admit expert-opinion evidence on the typicality of delayed reporting .
- State of Minnesota v. Livinus Ndubisi Ezeobi Minn. Ct. App. 2016
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State of Minnesota v. Livinus Ndubisi Ezeobi
Minn. Ct. App. 2016
when the State seeks to rehabilitate the credibility of a battered woman in the prosecution of her batterer,” id., by “educat[ing] jurors about battered woman syndrome (BWS) and counterintuitive behaviors commonly associated with BWS,”
- J. T. S. v. S. L. v. B. Minn. Ct. App. 2015
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J. T. S. v. S. L. v. B.
Minn. Ct. App. 2015
d 282, 294 (Minn. 2011); see Minn. R. Evid.
- State of Minnesota v. Richard Ellis Hill 871 N.W.2d 900 Minn. 2015
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State of Minnesota v. Richard Ellis Hill
871 N.W.2d 900
Minn. 2015
It is true that “we have the inherent judicial authority to regulate and supervise the rules that govern the admission of evidence in the lower courts.” ().
- State of Minnesota v. Kelly Jon Brothers Minn. Ct. App. 2015
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State of Minnesota v. Kelly Jon Brothers
Minn. Ct. App. 2015
rier of fact to understand the evidence or to determine a fact in issue.” 4 Under rule 702, expert testimony that does not involve a novel scientific theory “is admissible if (1) the witness is qualified as an expert; (2) the expert’s opinion has foundational reliability; [and] (3) the expert testimony is helpful to the jury.” (holding that expert testimony about rape myths and counterintuitive rape-victim behaviors was admissible to assist the jury in evaluating evidence of delayed reporting, l
- R. Wynn Kearney, Jr., M.D. v. The Orthopaedic and Fracture Clinic, P.A. v. Steven B. Curtis, intervening and … Minn. Ct. App. 2015
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R. Wynn Kearney, Jr., M.D. v. The Orthopaedic and Fracture Clinic, P.A. v. Steven B. Curtis, intervening and …
Minn. Ct. App. 2015
On appeal, appellant argues that workplace bullying is similar to battered-woman syndrome, rape-victim behavior and post- traumatic-stress disorder (PTSD).13 (holding that the “district court has discretion to admit expert-opinion evidence” concerning the “typicality of delayed reporting, lack of physical injuries, and submissive conduct by sexual-assault victims”).
- Pro-T, LLC v. C O Brown Agency, Inc. d/b/a Lawrence-Bohmbach Insurance Agency, a "Trusted Source" Independent Insurance Agency Minn. Ct. App. 2015
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Pro-T, LLC v. C O Brown Agency, Inc. d/b/a Lawrence-Bohmbach Insurance Agency, a "Trusted Source" Independent Insurance Agency
Minn. Ct. App. 2015
“[E]xpert testimony is admissible if: (1) the witness is qualified as an expert; (2) the expert’s opinion has foundational reliability; (3) the expert testimony is helpful to the jury; and (4) if the testimony involves a novel scientific theory, it must satisfy the Frye-Mack standard.”
- State of Minnesota v. Dario Jothzan Abla-Salmeron Minn. Ct. App. 2015
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State of Minnesota v. Dario Jothzan Abla-Salmeron
Minn. Ct. App. 2015
experts to testify regarding information that “will assist the trier of fact to understand the evidence or to determine a fact in issue.” Under rule 702, expert testimony regarding nonscientific information “is admissible if: (1) the witness is qualified as an expert; (2) the expert’s opinion has foundational reliability; [and] (3) the expert testimony is helpful to the jury.”
- State of Minnesota v. Albert Hester, III Minn. Ct. App. 2015
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State of Minnesota v. Albert Hester, III
Minn. Ct. App. 2015
DECISION “In order for an appellate court to review a pretrial order, the State must show that the district court’s ruling will have a critical impact on its case.”
- State of Minnesota v. Amanda Nicole Williams Minn. Ct. App. 2015
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State of Minnesota v. Amanda Nicole Williams
Minn. Ct. App. 2015
supported by probable cause.” 2 “Probable cause to arrest exists when a person of ordinary care and prudence, viewing the totality of circumstances objectively, would 1 “In order for an appellate court to review a pretrial order, the State must show that the district court’s ruling will have a critical impact on its case.”
- State of Minnesota v. Jay Dean Uldrych Minn. Ct. App. 2015
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State of Minnesota v. Jay Dean Uldrych
Minn. Ct. App. 2015
That rule permits admission of expert testimony if: “(1) the witness is qualified as an expert; (2) the expert's opinion has foundational reliability; (3) the expert testimony is helpful to the jury; and (4) if the testimony involves a novel scientific theory, it must satisfy the Frye- Mack standard.”
- State of Minnesota v. Jennifer Lynn Humphrey Minn. Ct. App. 2014
- State of Minnesota v. Brittney Dominique McKinney Minn. Ct. App. 2014
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State of Minnesota v. Jennifer Lynn Humphrey
Minn. Ct. App. 2014
“If the jury is in as good a position to reach a decision as the expert, expert testimony would be of little assistance to the jury and should not be admitted.” (quotation omitted).
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State of Minnesota v. Brittney Dominique McKinney
Minn. Ct. App. 2014
DECISION “In order for an appellate court to review a pretrial order, the State must show that the district court’s ruling will have a critical impact on its case.”
- State of Minnesota v. Eddie Matthew Mosley 853 N.W.2d 789 Minn. 2014
- State of Minnesota v. Eddie Matthew Mosley 853 N.W.2d 789 Minn. 2014
- State v. Wenthe 839 N.W.2d 83 Minn. 2013